Quarter-cent tax campaign legality questioned

An information campaign on Orange County’s proposed quarter-cent sales tax increase is garnering criticism from local political organizations that say it misappropriates taxpayer money.

The John Locke Foundation, a conservative think tank based in the Triangle, sent a letter Tuesday to the Orange County government stating the county had broken the law by using public funds to provide educational materials about the tax.

“They’re giving one side of a very long story,” said Stephen Xavier, director of public relations and media for Orange County Republican Party.

The tax increase will appear on the Nov. 8 ballot.

After it failed to pass in last year’s election by slightly more than 1,000 votes, the county increased its informational campaign budget to $50,000 this year to help educate the public.

Bernadette Pelissier, chairwoman of the Orange County Board of Commissioners, defended the county’s use of the funds.

“The county is not promoting it, the county is providing information,” she said.

If approved by voters, the measure could bring in an estimated revenue of $2.3 million. Those funds would be divided evenly between economic development and education.

But Xavier said he thinks the county’s educational campaign has been incomplete.

“They have broken the law by taking $50,000 of taxpayer money and promoting a very one-sided campaign,” he said. “They produced 15,000 fliers for students to give to their parents, but it doesn’t identify any of the pitfalls of the tax.”

The county has released a public service announcement and informational fliers.

On Wednesday, Orange County Schools Superintendent Patrick Rhodes refused the Republican Party’s request to distribute other information about the tax to Orange County school families.

Daren Bakst, director of legal and regulatory studies at the John Locke Foundation and author of the letter, said N.C. law states that local government cannot use public funds to endorse or oppose a referendum, election or a candidate for elective office.

Bakst said he would like the state to prevent future misuses.

“My hope is that the legislature will come back and strengthen the law to make sure that this doesn’t happen again,” Bakst said.

Despite criticism from the foundation and the local Republican Party, Pelissier said she thinks the county is doing its job by informing voters.

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